2017 - 2018 LEGISLATURE
March 1, 2017 - Introduced by Representatives Kremer, Sanfelippo, Allen,
Brandtjen, R. Brooks, Duchow, Gannon, Horlacher, Hutton, Jagler,
Jarchow, Knodl, Kooyenga, Murphy, Quinn, Skowronski, Summerfield,
Thiesfeldt, Tittl, Tusler, Weatherston and Wichgers, cosponsored by
Senators Nass, Craig, Stroebel and Vukmir. Referred to Committee on
1An Act to repeal
85.062 (3) (b);
to renumber and amend
85.066 (3); and to
85.066 (3) (a) to (c), 85.066 (4) and 85.20 (9) of the statutes; relating to:
3expenditures relating to the operation of a rail fixed guideway transportation
4system in a first class city.
Analysis by the Legislative Reference Bureau
This bill limits the state's authority to incur expenses and expend moneys for
a rail fixed guideway transportation system in the city of Milwaukee.
Under current law, a “rail fixed guideway transportation system" is a public
transportation system being designed, engineered, constructed, or operated that is
intended to operate upon a fixed guideway and that is not subject to regulation by
the Federal Railroad Administration. Under current law, a county containing a first
class city, currently only Milwaukee County, may not incur any expenses relating to
the operation of a rail fixed guideway transportation system in the first class city,
currently only the city of Milwaukee, unless the expense incurred will be fully
reimbursed by the first class city. Under this bill, the state and it's agencies are also
prohibited from incurring these expenses. The bill also provides that if a person
prohibited from incurring these expenses incurs these expenses, the first class city
must reimburse the person.
This bill removes the enumeration of any project resulting from the Milwaukee
Downtown Transit Connector Study of the Wisconsin Center District from the list of
major transit capital improvement projects eligible for construction and specifies
that money provided for urban mass transit operating assistance program aids may
not be used for any purpose relating to the operation of a rail fixed guideway
transportation system in a first class city.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
85.062 (3) (b) of the statutes is repealed.
85.066 (3) of the statutes is renumbered 85.066 (3) (intro.) and 3
amended to read:
85.066 (3) Counties containing Expenditures related to certain
5transportation systems in a first class city.
(intro.) A county containing a 1st class
6city The following
may not incur any direct or indirect expenses, including the 7
forfeiture of any revenue, relating to the operation or construction
of a rail fixed 8
guideway transportation system in the a
1st class city unless the expense incurred 9
or revenue forfeited will be fully reimbursed by the 1st class city
85.066 (3) (a) to (c) of the statutes are created to read:
(a) Except as required to comply with the requirements under 59
, the state.
(b) An agency, as defined in s. 16.52 (7).
(c) A county in which the 1st class city is located.
85.066 (4) of the statutes is created to read:
85.066 (4) Reimbursement
. If a person restricted from incurring expenses 17
under sub. (3), with the approval of the 1st class city, incurs a direct or indirect 18
expense, including the forfeiture of any revenue, relating to the operation or 19
construction of a rail fixed guideway transportation system in a 1st class city, the 1st 20
class city shall fully reimburse the person for the expense.
85.20 (9) of the statutes is created to read:
85.20 (9) Prohibited expenditures
. An eligible applicant may not use aids 2
provided under this section for any purpose related to the operation of a rail fixed 3
guideway transportation system, as defined in s. 85.066 (1), in a 1st class city.